1 2025:CGHC:38398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5668 of 2025 1 - Omprakash Dhruw S/o Mant Ram Dhruw Aged About 50 Years R/o Bhothidih, P.S. Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.) 2 - Gopal Dhruw S/o Omprakash Dhurw Aged About 22 Years R/o Bhothidih, P.S. Bhatapara Gramin, District Balodabazar- Bhatapara (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through: P.S. Hathbandh, District Balodabazar-Bhatapara (C.G.) ... Respondent For Applicants : Mr. Ankur Diwan, Advocate. For Respondent/State : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 04 / 08 / 2025 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023 for releasing them on regular bail during trial in connection with Crime No. 130/2024 registered at Police Station –Hathbandh, Digitally signed by HEERA LAL SAHU Date: 2025.08.05 10:29:28 +0530 2 District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 294, 302, 34 of IPC. 2. As per the prosecution’s case, on 23.06.2024, due to a previous dispute of land between the parties, the applicants started abusing and assaulting Santram Dhruw by means of lathi, Danda and Tangiya with the intention to commit death, due to which Santram Dhruw sustained grievous injuries and died. Based on this, offence has been registered against the present applicants. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case, as there is a civil dispute between the parties related to land. He further submits that there are a total of 18 witnesses, out of which 9 witnesses have been examined, and 4 eyewitnesses have not supported the case of the prosecution. He also submits that the applicants are in jail since 24.06.2024, and there is no likelihood of their case being decided in the near future; therefore, the present applicants may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that there is a seizure of blood stained axe from applicant Omprakash Dhruw and blood stained shirt from applicant Gopal Dhruw, and the FSL report is still awaited. The case of the prosecution is 3 clearly supported by the complainant/eyewitness, Lekhram. The applicants did a heinous crime of murder; therefore, at this stage, they may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicants and the nature of crime, at this stage, I am not inclined to release the applicants on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 7. However, considering the fact that the applicants are in jail since 24.06.2024 and only 9 witnesses out of 18 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu